Liechtenstein

Liechtenstein should amend its national law to comply with international law, restricting police use of firearms to situations where it is necessary to confront an imminent threat of death or serious injury or a grave and proximate threat to life.

Last updated: about 4 weeks ago

Constitutional Provisions

The 1921 Constitution of the Principality of Liechtenstein (as amended) explciitly guarantees the rights to lifeArt. 27ter(1), 1921 Constitution of the Principality of Liechtenstein (as amended).and to human dignity.Art. 27bis(1), 1921 Constitution of the Principality of Liechtenstein (as amended).It is further stipulated that:

No one may be subjected to inhuman or degrading treatment or punishment.Art. 27bis(2), 1921 Constitution of the Principality of Liechtenstein (as amended).

The Constitution does not explicitly regulate police use of force.

Treaty Adherence

Global Treaties

Adherence to Selected Human Rights Treaties

1966 Covenant on Civil and Political Rights (ICCPR)

State Party

ICCPR Optional Protocol 1

State Party

1984 Convention against Torture (CAT)

State Party

Competence of CAT Committee to receive individual complaints

Yes

CAT Optional Protocol 1

State Party

Adherence to International Criminal Law Treaties

1998 Rome Statute of the International Criminal Court

State Party

Regional Treaties

Adherence to Regional Human Rights Treaties

1950 European Convention on Human Rights

State Party

National Legislation

Police Use of Force

Liechtenstein has reported to the Human Rights Committee that police use of force is

governed restrictively by the Police Act of 21 June 1989 (Polizeigesetz, PolG; LGBl. No. 48). Force may be used only if it is immediately necessary and if less serious means are not suitable. Like all police conduct, the application of direct force must take strict account of the principle of proportionality. A firearm, constituting the most severe means of force, may be used by the police only as a last resort in accordance with the principle of proportionality. ...

The preconditions for lawful use of firearms are enumerated in a narrowly defined catalogue of fact patterns in the Police Act, primarily in cases of self-defence and assisting in self-defence.

In addition to such scenarios, however, Article 29(b) of the 1989 law also allows the use of firearms more broadly against persons who have committed a crime or are escaping capture.

Police Oversight

In 2017, in its Concluding Observations on Liechtenstein, the Human Rights Committee called for "an independent mechanism within the normal legal system, but separate from the police, to investigate allegations of torture and ill-treatment".

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In its 2017 Concluding Observations on Liechtenstein, the Human Rights Committee did not directly address police use of force or the legislation governing use of firearms.

Regional

There have been no judgments against Liechtenstein for excessive use of police force in the European Court of Human Rights.